Terms of Services

SOFTAREX TECHNOLOGIES INC

WAITO™

TERMS OF USE

ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES PROVIDED BY SOFTAREX TECHNOLOGIES INC., D/B/A WAITO (“WAITO”) THROUGH THE WEBSITE LOCATED AT: WWW.WAITOAPP.COM (THE “WEBSITE”) AND APPLICATION FOR VARIOUS MOBILE PLATFORMS (“APPLICATION”). THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH WAITO AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPLICATION. WAITO REQUESTS THAT YOU ACCEPT THESE TERMS OF USE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE WEBSITE AND/OR APPLICATION ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND APPLICATION INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THE WEBSITE, SERVICES.

THESE TERMS OF USE INCLUDES WAITO PRIVACY POLICY LOCATED AT https://waitoapp.com/privacy/ WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF USE.

Content; Acceptance of Terms of Use

WAITO makes the Website, Application and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, Application and Services (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website, Application and Services you agree to be bound by and to accept these Terms of Use and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website and/or Application.

If you do NOT agree to all the terms and conditions in these Terms of Use, you should NOT use the Website, Application or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction conducted through the Website, Application or Services, then you should NOT use the part of the Website, Application or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future WAITO’s Service, Application or visit the Website or obtain any products or services, whether free of charge or for payment, provided by WAITO, you will be subject to the guidelines and conditions applicable to such products or services.

WAITO, from time to time, may make changes to these Terms of Uses. Upon notice given by one or more of the following means: upon notice given to you after you login to your Account (please see the explanation about setting up and using the Account in the ACCOUNT INFORMATION section), by email communication to the email address provided by you when you setup your Account or otherwise on record for your Account, or by written mail communication to the address on record for your Account. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If your contact information associated with the Account is not up to date or inaccurate, we reserve the right to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You are solely responsible for all activities that occur under your Account, whether or not you know about them. By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. You will be given the opportunity to opt-out, provided that if you choose to opt-out all or part of the Service may no longer be available to you.

Please check these Terms of Use regularly to ensure that you are aware of all terms governing your use of the Website, Application and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use such specific terms will supersede these Terms of Use only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Use.

WAITO reserves the right to make changes or updates with respect to the Content or the format thereof at any time without notice. WAITO also reserves the right to terminate or restrict your access to the Website, Application and Services or any portion thereof for any reason whatsoever at its sole discretion.

Account Information

When beginning to use WAITO’s Services, you will be given an opportunity to set up your personal user account (“Account”). When creating or updating your Account, you may be required to provide WAITO with certain personal information, including but not limited to your name, mobile phone number, birth date, gender, e-mail address, mailing addresses, and location. This information will be held and used in accordance with WAITO’s Privacy Policy at: https://waitoapp.com/privacy/. You agree that you will supply accurate and complete information to WAITO, and that you will update such information as needed.

Please note that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo.

You expressly acknowledge and agree that in order to provide the Services, WAITO may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Services. When providing your mobile phone number, you must provide an accurate and complete number in order to access various WAITO’s Services. You hereby give your express consent to WAITO to access your contact list and/or address book for mobile phone numbers in order to provide and use the Services.

The following rules govern the security of your Account:

a. You shall not share the Account with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;

b. In the event you become aware of or reasonably suspect any breach of security of your Account, you must immediately notify WAITO;

c. You are solely responsible for all uses of your Account, including “in-app” purchases, whether or not they authorized by you; and

d. You are solely responsible for any unauthorized use of your Account.

The following restrictions and conditions apply to the use of the Website, Application or Service and creating and maintaining your Account:

You shall not create an Account or access the Website if you are under the age of 13;
You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Website by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;
Unless otherwise agreed to by WAITO in writing, you can not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party; and
You shall not use your Account to engage in any illegal conduct.

You may also access the Website, Application, and Services by logging in using an authorized third party social network account, such as a Facebook or LinkedIn account. By doing so, you authorize WAITO to collect your personal profile and activity information from that third party social network (e.g., Facebook ® LinkedIn®, Instagram® and others).

Please note that if, for example, you opt to use your Facebook account to login to our Website and/or Application and use our Services or interact with other user of the Service, WAITO is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you “liked,” places you visited, etc. This information you provide is used for such purposes as allowing you to set up your Account to interact with other users through the Services, improving the content of the Services, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from WAITO or third party vendors.

User Obligations

You agree to use the Website, Application and Services only for purposes permitted by these Terms of Use as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. WAITO IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE, APPLICATION AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website, Application and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where WAITO is located or operates.

Use of the Website, Application and Services

You agree not to access (or attempt to access) the Services by any means other than those provided by WAITO or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website, Application or Services (or the servers and networks which are connected to the Website, Application or Services).

Further, you agree:

not to disrupt or interfere with any other user’s enjoyment of the Website, Application or Services or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Website, Application or Services any viruses or other harmful, disruptive, or destructive files;
not to access or attempt to access any Content, which you are not authorized to access under the terms herein; and
not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Application Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website, Application or Services or any affiliated or linked sites.

Additional Terms for Application: If you download the WAITO Application from any application store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each, an “Application Provider”), then you acknowledge and agree that:

These Terms of Use are concluded between you and WAITO, and not with the Application Provider, and that WAITO (not the Application Provider), is solely responsible for the Application.
The Application Provider has no obligation to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Provider, and the Application Provider will refund the purchase price for the Application to you (if applicable) and to the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WAITO.
The Application Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, WAITO will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
The Application Provider and its subsidiaries are third party beneficiaries of these Terms of Use as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms of Use, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the Application against you as a third party beneficiary thereof.
You must also comply with all applicable third party Terms of Use when using the Application.
You agree to comply with all applicable laws and regulations.

Information and Materials Provided By You

All materials, documents, communications, or information submitted to, sent through, or stored on the Website, Application and Services by you (“User Submission”) will be subject to these Terms of Use and Privacy Policy: https://waitoapp.com/privacy/. The security of such information is very important to us, but WAITO takes no responsibility and assumes no liability for any User Submissions posted by you or any third party. We may not monitor or control the User Submissions posted via the Services and, we do not take responsibility for such User Submissions. Any use or reliance on any User Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Website, Application or Service. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WAITO IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON WAITO.

When you provide User Submission via our Services, you hereby grant to WAITO a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sub licensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Submission in connection with our Services. We will not pay you or otherwise compensate you for any User Submission you provide to WAITO.

You can remove the User Submission that you posted by specifically deleting it. In certain instances, however, some User Submission (such as posts or comments you make) may not be completely removed on the Service and copies of your User Submission may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any User Submission on the Service.

Terms and Termination.

The term of these Terms of Use (“Terms”) shall begin when you start using the Website, Application or Services and shall continue in perpetuity unless otherwise terminated by WAITO or you by written notice. WAITO reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Website, Application and the Services including without limitation any use of WAITO’ trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WAITO WEBSITE, APPLICATION OR SERVICES IN ANY WAY.

Links to Other Sites; Third Party Materials and Transactions

The Website, Application and Services may include links to other Websites and/or third party products or materials and that are not under WAITO’s control (collectively, “Third Party Materials”). Waito shall not be responsible in any way for such Third Party Materials. WAITO provides such links only for the convenience of the users of the Website, Application and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by WAITO of the content, products and/ or services of such Third Party Materials.

You acknowledge and agree that the Services provided through this Website and/or Application, among other things may enable you to make purchases and obtain third party products and services (each a “Transaction”). You further acknowledge and agree that WAITO is not responsible for the quality or any other aspect of services of any third party or other user and shall not have any liability or responsibility to you or any other third person with regard to products or services obtained through WAITO’s Services. You acknowledge and agree that any dispute regarding the Transaction shall be between You and that third party or another user, and not against WAITO.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, Application, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with WAITO and/or its licensors. Unless otherwise specifically provided herein or authorized by WAITO in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, Application or Services, other than in conjunction with the Services offered by WAITO through the Website and/or Application.

WAITO hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website and/or Application are the properties of their respective owners. WAITO disclaims any proprietary interests in the intellectual property rights other than their own.

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WAITO HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, APPLICATION, SERVICES OR THE CONTENT. WAITO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE APPLICATION, WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. WAITO DOES NOT WARRANT THAT THE APPLICATION, WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS APPLICATION OR WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY WAITO ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by WAITO in writing, contractors, agents, dealers or distributors of WAITO or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE WEBSITE, APPLICATION OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE OR APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WAITO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE, APPLICATION OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE AND/OR APPLICATION. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAITO OR FROM THE WEBSITE AND/OR APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

You understand and agree that by using the Website, Application and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, Application and Services at your own risk.

IN NO EVENT SHALL WAITO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, APPLICATION OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, APPLICATION OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATION THAT ARE DELAYED OR INTERRUPTED, EVEN IF WAITO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST WAITO PERTAINING TO OR IN CONNECTION WITH THE WEBSITE, APPLICATION AND SERVICES MUST BE COMMENCED AND NOTIFIED TO WAITO IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO WAITO IN CONNECTION WITH THE WEBSITE, APPLICATION AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF USE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WAITO; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF USE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF USE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND/OR SERVICES AND THAT IS NOT PROVIDED BY WAITO DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Feedback

You may from time to time provide suggestions, comments or other feedback to WAITO with respect to any product, material, software or information provided by WAITO (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for WAITO. WAITO will not disclose the source of any feedback without notice to the providing party. However, WAITO shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to WAITO’ Privacy Policy posted on this Website or Application. You may provide Feedback to WAITO via the Feedback section within the WAITO Application.

Notice and Procedure for Making Claims of Copyright Infringement

It is WAITO policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WAITO Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying WAITO and its affiliates that your copyrighted material has been infringed.)

An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website, Application or Service;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

WAITO Copyright Agent for notice of claims of copyright infringement on the Website, Application and/or Service can be reached as follows:

Attention: WAITO Copyright Agent

Address: 901, N.Pitt str, Alexandria, Virginia, 22314, Suite 170

E-mail: [email protected]

Unlawful or Prohibited Use

You may not use the Website, Application or Services for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of the Website, Application or Services. You may not use the Website, Application or Services in any manner that could damage, disable, overburden, or impair the Website, Application or Services, or that interferes with any third party’s use and enjoyment of the Website, Application or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website, Application or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by WAITO to all users of the Website, Application or Services. You shall not institute, assist, or become involved in an attack upon any WAITO server or otherwise attempt to disrupt the WAITO servers. ANY ATTEMPT BY YOU TO DAMAGE WAITO’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF WAITO IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, WAITO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless WAITO, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use.

Privacy

WAITO respects your privacy and the use and protection of your personal information. Users may not collect personal data from the Website, Application or Service, any non-compliance with this or any other provision of these Terms of Uses may result in the termination of the user’s Account. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website, Application and/or Service.

Ending Your Relationship with Waito

These Terms of Use will continue to apply until terminated by either you or WAITO or as otherwise provided by the applicable agreement between you and WAITO. WAITO reserves the right to terminate these Terms of Use with you at its own discretion at any time, upon notice, and without any liability to WAITO whatsoever.

You are solely responsible for cancelling your User Account, which you may do by emailing WAITO at: [email protected] .

Assignment

WAITO may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Use without WAITO’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Website, Application and/or Services are not available for any period or any time, WAITO shall not be liable. WAITO gives no warranties as to the accessibility, performance, or availability of the Website, Application or Services. Temporary suspension of access to the Website, Application and/or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. WAITO reserves the right to suspend the operation of the Website, Application or Services. You agree that neither WAITO nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the Services and products on the Website and/or Application.

Force Majeure

Waito will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of WAITO.

Agreement to Deal Electronically

All transactions with or through the Website, Application or Services may, at WAITO’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website, Application or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms of Use may cause WAITO immediate and irreparable harm and damages. As a result, WAITO has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Use. In addition to any and all other remedies available to WAITO in law or in equity, WAITO may seek specific performance of any term in these Terms of Use.

Severability

These Terms of Use will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Use are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Governing Law

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. You agree that these Terms of Use are to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on these Terms of Use, or arising out of or related to these Terms of Use or any alleged breach thereof, shall be prosecuted exclusively in the courts of the Commonwealth of Virginia and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that WAITO, as claimant, shall be entitled to initiate proceedings in any court of competent jurisdiction.

Any proceedings to resolve or litigate any dispute in any forum in connection with these Terms of Use shall be conducted solely on an individual basis. Neither you nor WAITO shall seek to have any dispute or controversy in connection with these Terms of Use heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Parties further agree that no proceeding shall be combined with another proceeding without the prior written consent of the other party.

No action, regardless of form, arising out of the transactions under these Terms of Use, may be brought by either party hereto more than one (1) year after the cause of action has occurred, or was discovered to have occurred, except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period.

WAITO does not bear any responsibility nor assumes any risks if by any reason a product or a service made available through the Websites breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at: [email protected]. Please also read our Privacy Policy at https://waitoapp.com/privacy/.

Copyright © 2020 SOFTAREX TECHNOLOGIES INC. All rights reserved. The Website and Application and accompanying services and documentation are the copyrighted property of SOFTAREX TECHNOLOGIES INC., and protected by copyright laws and international intellectual property treaties.